As we discussed last week, the United States Department of Agriculture (“USDA”) released their interim final rules for hemp manufacturing, and those rules were published in the Federal Register on Thursday, October 31. Hemp growers should note the rules on testing within the 0.3% limit that dictate whether the produced crop is classified as
Regulatory
USDA Releases Draft Hemp Rules
On October 29th the United States Department of Agriculture (“USDA”) released draft rules for hemp manufacturing and the state regulatory programs that oversee the industry with a press release. These rules will become effective when published in the Federal Register on Thursday, upon which a 60-day public comment period shall begin. At 161 pages…
WSLCB Interprets DOH Vapor Ban Rules More Broadly
The Washington State Liquor and Cannabis Board (“WSLCB”) often moves slow with rulemaking (we’re still waiting on rules for SB 5318, which was signed into law in May and went into effect in July), but occasionally they move fast. As I reported last week, on October 9 the Washington State Department of Health…
Oregon Ban on Flavored Vaping Products Goes Live
On October 11, the Oregon Liquor Control Commission (“OLCC”) filed emergency rules banning the sale of flavored vaping products in Oregon for the six-month period beginning on October 15, 2019. The rules follow an October 4 executive order from Governor Kate Brown, which directed the agencies to adopt emergency rules banning the sale of “all…
WA Department of Health Bans Flavored Vapor Oils, Drafts Rules
UPDATE: Please see this post for an important update to this issue.
The Washington Department of Health (“DOH”) held a public meeting on October 9 where they discussed Governor Jay Inslee’s recent executive order requesting that the DOH adopt emergency rules banning flavored vapor products, including flavored cannabis vapor products, and voted to adopt an…
McConnell Tells FDA to Create Guidance for CBD Dietary Supplements
On September 17, Senate Majority Leader Mitch McConnell proposed language that directs the U.S. Food and Drug Administration (“FDA”) to issue policies on regulating and enforcing regulations on the use hemp-derived cannabidiol (“CBD”) in products. This language would be inserted into a congressional spending report and would direct the FDA to provide a report to…
Adult-Use in Michigan: Emergency Administrative Rules Released
Michigan’s Marijuana Regulatory Agency (MRA) issued its emergency administrative rules earlier this month, providing a framework for the state’s adult-use cannabis industry and detailing the license application process. The MRA stated in their July 3 press release that they plan to start accepting business applications on November 1.
Perhaps the most important rule that entrepreneurs…
Tide Turns Towards Tolerance: Washington Regulatory Enforcement
SB 5318 was signed into law in Washington on May 13, and requires the Washington State Liquor and Cannabis Board (WSLCB) to overhaul its practices when enforcing cannabis regulations. But even before the bill was signed, a look through the WSLCB’s Adjudicative Proceedings Log indicates that the WSLCB had already begun making some changes in…
Key Takeaways From the USDA’s Hemp Memo
On May 28, the U.S. Department of Agriculture (USDA) issued a legal opinion that discusses the hemp-related provisions of the 2018 Farm Bill. Two of the issues addressed in the opinion are noteworthy:
Interstate Transportation
The USDA opines that states and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced…
USPS Updates Guidance on the Shipment of Hemp
Last week, the U.S. Postal Service (USPS) confirmed in an expanded policy update that hemp and hemp products are mailable under certain circumstances, as set forth below.
In a statement published to the agency’s Postal Bulletin, USPS said that since the passage of the 2018 Farm Bill it has “received numerous inquiries from commercial entities…